Like every other country, Saudi also has its mandate and set of rules and regulations for the employees working there. These regulations will be revised regularly. When employees switch from one company to another, they must clearly understand the legal procedures that follow such a transfer.
It is important to fully understand the present rules and not commit any mistakes that welcome drastic consequences. Therefore Analytix has come up with this article to discuss the iqama transfer and related rules and regulations, announced by the Kingdom of Saudi Arabia.
What is Iqama?
To work in the Kingdom of Saudi Arabia, you must have a sponsorship and an official document as proof that you are employed legally. Iqama is an official identification and legal document issued by the Saudi Government that allows you to identify as an employee and grants permission to live and work in KSA. Iqama serves as your residence and work permit in the kingdom.
Also Read: Business Setup in Saudi Arabia
Different Types of Iqama
There are different types of Iqama issued by the Saudi government to expats, depending on their purpose for staying in the Kingdom. Let us discuss the types of Iqamas here:
- Dependents Iqama: A dependent Iqama is issued to the family members of expatriates in order to bring them to the kingdom as dependents.
- Professional Class Iqama: The professional Iqama is issued for employees holding professional degrees.
- Business Iqama: The Saudi Government issues the business Iqama for businessmen, investors and entrepreneurs who is expanding their business to the kingdom.
- Government Employees Iqama: This is an Iqama issued for foreigners who are employed by the Saudi government.
- Domestic Worker Iqama: This Iqama is issued for the expats who are employed as household help.
- Labour Class Iqama: This type of Iqama is issued to manual job migrant workers.
- Premium Residency Iqama/Special Privileged Iqama: The Premium Iqama or Premium Residency in Saudi Arabia is a residence permit issued by the Saudi government to expatriates who wish to reside in Saudi while enjoying many of the rights and privileges enjoyed by Saudi nationals.
What is Iqama Transfer?
An iqama transfer means a change in the sponsorship. This usually happens when the employee switches his/her company or job. The process is complex and depends on the present company’s directives, rules, and regulations and the employer’s willingness.
There are certain costs associated with the KSA iqama transfer. The employee must cover the official fees and any additional charges imposed by the employer. It is imperative to promptly initiate the request for KSA iqama transfer as the procedure might take several weeks to a few months.
Nevertheless, there is an obstacle here too. Not all iqamas are transferable and the transfer of an employee’s iqama completely depends on their current employer. It can become impossible for you to join the new company if your current employer rejects your transfer request. To address this issue, KSA has come up with new rules to ease the process and make it more flexible.
Also Read: Business Ideas in Saudi Arabia
Types of Iqama Transfer
You can transfer your iqama as many times as you want during your stay in Saudi Arabia. You can do your iqama transfer in the following ways on QIWA.
Transfer pending employer’s approval
When the employee has been in the Kingdom of Saudi Arabia for less than one year, he/she requires the approval of the current employer for the Iqama transfer through QIWA.
Direct Transfer
There are situations where you can transfer your iqama without the approval of the current employer. Below are some:
- If the employer’s work permit has expired,
- If the employer’s iqama has expired,
- If the employer has not issued a work permit for an employee 90 days after they arrived in Saudi Arabia.
Transfer pending notice period
According to the new rules for the transfer of sponsorship in Saudi Arabia, an employee who has worked in Saudi Arabia for more than one year can transfer their ownership without the approval of the current employer. However, they have to complete a 90-day notice period.
The current employer can modify the duration of the notice period and make it to an earlier date depending upon the agreement of employment.
How To Check Iqama Transfer Status?
Here, we have come up with some quick steps to make the procedure for checking Iqama transfer status easier for you.
Step 1: Visit the official site of the Ministry of Labour. It is essential to adhere to proper instructions as the official website is available only in the Arabic version.
Step 2: Once the site loads, select the fourth option from the menu in the opening window. The option will be translated to Naqal Kafala(Iqama transfer).
Step 3: Once you are redirected to the next page, select the second option and fill up your Iqama number. Then enter the image code in the text box visible. Once you complete entering all these details, click on the bottom right option.
Step 4: Once you are done with the above steps, you can find the name of your sponsor in the brackets along with other information such as Application number and Date of Transfer on this page.
You can identify the status of your iqama transfer by cross-checking these details.
New Rules For Foreign Workers
In 2021, the Saudi ministry came up with some good news for all the foreign employees working in the Kingdom of Saudi Arabia. Beginning in March 2021, foreign employees are not obliged to seek permission from their employer to transfer sponsorships, switch jobs, or even leave the country.
As per these laws, foreign employees are much more free and no longer have to be dependent on their employers. Amendments in labour laws are brought into effect to attract talented human resources worldwide. Earlier, if a foreign employee tried to leave the kingdom without the permission of their employer, they would be considered a fugitive.
These amendments may seem counter to the predicaments we discussed earlier. In the present scenario, if the employer is not willing to transfer the sponsorship, the employees can approach the government of Saudi Arabia.
Moreover, as per the new laws, the employment contracts and bonds between employers and employees have to be digitized. The Government has brought up these laws to prevent the exploitation and discrimination against expats and to increase transparency.
Conditions for Iqama Transfer Without Kafeel (Employer’s) Consent
The individuals who live in a foreign country for employment are known as Expatriate employees. Even though the legislation has been relaxed, there are certain conditions for an expatriate employee to transfer services without the consent of the employer.
Below given are the conditions that employees should meet to be eligible for this transfer.
- An expatriate employee must be subjected and obliged to KSA Laws.
- The employee should complete at least 1 year of employment with their present employer.
- The employee must hold a well-detailed and documented work contract.
- The new employer is required to submit the new employment offer received by the employee to the Qiwa portal.
- The employee must send a notice period to the present employer about the notice period with regard to the iqama transfer.
For an employee looking for an Iqama transfer without the seal of approval from the present employer, they should meet the following conditions to gain an advantage of the new laws.
- If the present employer has not issued the work contract within three months of arrival to the kingdom.
- If the present employer omits to pay your wages or salaries for three consecutive months.
- If the employer is absent for an extended period due to various reasons such as travelling, death, or imprisonment, the employee becomes automatically eligible.
- Expiry of the Iqama
- If an employee reports their employer’s participation in a tattasur, meaning an attempt to hide evidence, he/she is eligible for an Iqama transfer. However, it is important to note that the employee must not be involved in this concealment with the employer.
- If the employee has clear evidence that their employer has been involved in activities like human trafficking, they can use this evidence and apply for an urgent Iqama transfer.
- The current Kafeel agrees to this transfer.
- There might be occasions when the employee and employer are involved in a legal disagreement. Oftentimes, the employer appoints a representative to attend these hearings on his behalf. If the representative or the current sponsor fails to appear at two sessions, the employee can request the Iqama transfer.
The employee should keep these conditions in mind so that your present employer or Khafeel does not take advantage of them. Besides the employee, your new employer is also eligible to request the Iqama transfer. Below are the conditions that they must meet.
- The employer or firm must be eligible to obtain visas and follow the rules and regulations simultaneously.
- The employer must comply with the Wage Protection Program legislation.
- They should support the labour contract documentation and digital contracts.
- They must be in support of the self-evaluation programs.
What is the Cost of Iqama Transfer?
An employee who applies for an iqama transfer will be charged with an amount of fees.
- If he/she is a domestic worker and applying for the Iqama transfer for the first time, they will be charged a cost of 600 SR and renewal costs 350 SR.
- If he/she is a worker above the age of 18, they will be charged a Muqeem insurance fee and renewal fee which sums up to 500 SR.
However, the cost is not just for the employee. The new employer must also pay 2000 SR when they appoint the employee for the first time. For every new transfer, an amount of 2000 SR would be increased.
Also Read: Business Setup Cost Calculator
Required Documents for Transfer Iqama
There are some necessary documents required for the KSA Iqama transfer. This includes:
- Iqama
- Copy for your passport
- Court ruling
- Request a letter from your new Kafeel( Attested by the Chamber of Commerce, with a detailed explanation for the transfer.
Reasons for Iqama Transfer Request Reject
The employee should ensure the transfer request is not declined. It is important to be aware of the situations which might lead to the Ministry rejecting your transfer request.
Let us look at some of the scenarios or reasons so that the employees can be aware of any issues while looking for a new opportunity in KSA.
Process Involved In Iqama Transfer Online Through Qiwa
Expired Passport
Your application will be automatically rejected if your passport has expired. If there is any such chance of expiry, renew your passport in advance.
Final Exit or Re-entry Stamp
There are chances for your transfer to not be considered if your passport carries a final exit or re-entry stamp.
Criminal Record
If the employee has a criminal history, he/she would not be eligible for the transfer.
Traffic Violations
If the employee has a history of violating traffic rules, there are chances it might affect your job transfer.
Runaway status
If the employee has been marked as a runaway, they would not be eligible for the transfer.
Employees should keep these things in mind before applying for a job transfer to increase their chances of success. They should stay updated with the updated rules and regulations to make your application smooth.
Process Involved In Iqama Transfer Online Through Qiwa
Auto-Transfer Process
Employees who meet all the conditions or requirements are eligible for an auto-transfer. The process is relatively direct:
- Request from New Kafeel
The new sponsor should initiate the request for employee transfer through the Qiwa Platform.
- Approval from the Labour Ministry
The Ministry of Labour( MOL) generally approves the transfer request within 24 hours of the application by sidestepping the approval from the old kafeel.
- Check the Application Status
Employees can follow up on the status of their iqama transfer request on the official website of MOL.
- Payment of Iqama Transfer Fee
Once your application is accepted by MOL, the employee should pay the Iqama sponsorship transfer fee, generally ranging from 2000 SR to 6000 SR.
However, In certain cases, the sponsor or employer might ask the employee to share a part of the expenses incurred for the procedure. However the employer must be responsible for paying the entire cost of the transfer and make sure that there is no financial burden left on the employee.
- Absher Check
Using the Absher application, employees should keep an eye on the status of their application for their iqama transfer. The application can be considered nearly complete if your new employer appears on Absher.
- Visit Jawazat
Employees should sit at a jawazat (Passport Office) center to print their new Iqama.
If there is any issue with the online procedure, the new employer/kafeel can visit the Labor Office for manual processing.
Court Approval Process
The process involves certain steps for the conditions requiring court approval:
- New Employer’s/Kafeel’s Visit:
The new kafeel is required to visit the labor office with all necessary documents including the court ruling.
- Review by Maktab Amal:
The Maktab Amal officer reviews the important documents including the court ruling and updates the Iqama sponsorship in the MOL system.
- Check the Application Status
The employee can track the status of their application for your Iqama transfer on the MOL official website.
- Iqama Transfer Fee Payment
The employee needs to pay the Iqama/sponsorship transfer fee, similar to the auto-transfer.
- Absher Check:
The employee can verify the status of their Iqama. Once the new employer appears, they can visit the Jawazat center to print their Iqama.
Conclusion
We hope that our blog has given you a holistic idea about the KSA Iqama transfer.
Iqama transfer is a crucial process for expatriate employees/ workers as it opens the doors to new opportunities for them.
Understanding the rules, regulations, and procedures for Iqama transfer is important for an easy and smooth employment/sponsorship transfer.
Do you think we have missed out on something?
Is there anything you wish to read regarding the topic?
Please let us know in the comments.
Happy Reading.
- FAQs
Frequently Asked Questions
If your question is not addressed here, please feel free to reach out to us. We value your inquiry.
How long is the Iqama transfer request valid?
The Iqama transfer request is valid for 90 days. Employees should make sure to complete the process within this time frame to avoid further complications.
How can I transfer my Iqama from my company to my husband?
To transfer your Iqama from your company to your husband, you need to get approval from your current employer, submit the required documents to the Ministry of Labor, and receive approval for your husband’s sponsorship. Analytix, your go-to-partner for PRO/GRO services can help you through the process.
What happens if Iqama expires?
If your Iqama expires, you may be imposed with fines, and it can cause legal issues for you and your employer as well. It is important to renew it on time to avoid any future problems.
Are Iqama Transfer and Sponsorship Transfer the Same?
Yes, Iqama transfer and sponsorship transfer refer to the same process of changing the sponsorship from one employer to another.
